Newtown landscape gardener fined €250 in court for driving without insurance

An Inishowen man who drove without insurance last year has been warned that his actions have consequences for every other driver on the road.

Thomas Heaney, of Main Street, Newtowncunningham, pleaded guilty to separate charges of no insurance and failure to produce insurance at Buncrana District Court.

Garda Sergeant Conor Mulkerns presented the facts of the case against the 34-year-old landscape gardener.

He told the court how gardai were on mobile patrol at Ludden, Buncrana on Friday, August 2, 2024, when they stopped Mr Heaney driving a 2008-registered silver Toyota Avensis.

Checks on the Garda mobility device had revealed no insurance for the vehicle at the time.

Garda Mark Flanagan spoke to the driver and made a lawful demand for Mr Heaney to produce proof of insurance to a Garda Station of his choice within ten days, but he did not produce any documentation.

The court heard that Mr Heaney has six previous convictions, including one for no insurance dating back to April 2018.

However, defence solicitor Ciaran MacLochlainn pointed out that his previous no insurance conviction was now “spent”, given that it’s more than seven years old.

Mr MacLochlainn said his client was driving his father-in-law’s vehicle when he was stopped by the guards, and assumed that he had been covered.

“I wrote to the AXA insurance company on three occasions asking for confirmation that he was covered to drive the vehicle under his father-in-law's policy, but they never came back to me,” Mr MacLochlainn informed the court.

“They then contacted my client’s wife and informed her that he wasn’t covered to drive the vehicle, so in those circumstances, we have no option but to enter a plea [of guilty].”

“He had insurance in other vehicles, but unfortunately, his father-in-law’s insurance did not extend to him.”

The Buncrana solicitor asked Judge Emile Daly not to impose a driving ban because Mr Heaney relies on his licence for work purposes and for family reasons.

“He’s a 34-year-old man who works as a landscaper. He’s married with two children, and he needs his licence.”

Judge Daly agreed not to impose a disqualification; however, she warned the defendant that driving without insurance has consequences, including higher premiums, for everyone else.

“I take these matters very seriously, because society has to mop up when there’s no insurance. Every other driver on the road has to contribute to a fund to cover situations like this.”

The judge imposed a €250 fine on the charge of no insurance, with four months to pay, and “took into account” the separate charge of failure to produce insurance.